Convention between the United States and Great Britain for the protection of migratory birds in the United States and Canada

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Title:
Convention between the United States and Great Britain for the protection of migratory birds in the United States and Canada
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United States -- Bureau of Biological Survey
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U.S. Dept. of Agriculture, Bureau of Biological Survey ( Washington, D.C )
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Resource Identifier:
aleph - 029727559
oclc - 174591405
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5 V




S. R..\.-B. 4S. Is i-, d Septembler *l'!, 1022.

United States Department of Agriculture



SERVICE AND REGULATORY ANNOUNCEMENTS.
BUREAU OF BIOLOGICAL SURVEY.



MIGRATORY BIRD TREATY, ACT, AND REGULATIONS.'


CONVENTION BETWEEN THE UNITED STATES AND GREAT
BRITAIN FOR THE PROTECTION OF MIGRATORY BIRDS IN THE
UNITED STATES AND CANADA.2
[39 Stat., 1702.]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas a Convention between the United States of America and
the United Kingdom of Great Britain and Ireland for the protection
of migratory birds in the United States and Canada was concluded
and signed by their respective plenipotentiaries at Washingtoin, on
the sixteenth day of August, one thousand nine hundred and sixteeiin,
the original of which Convention is word for word as follows:
Whereas, Many species of birds in the cours.-e of their annual mi-
grrations traverse certain parts of the United States and the Domin-
ion of Canada; and
Whereas, Many of these species are of great value as a source of
food or in destroying insects which are injurious to forests and for-
agc plants on the public domain, as well as to agricultural crops, in
both the United States and Canada, but are nevertheless in danger
of extermination through lack of adequate protection during the

Including amendments of the regulations approved October 25, 1918; July 28, 1919;
July 9, 1920; March 3, 1921; May 17, 1921 ; and March 8, l1122.
2 Signed at Washington August 16, 1916; ratification advised by the Senate August 29,
ratified by the President Septemln'r 1, and by Great Britain October 20; ratifications ex-
changed December 7; proclaimed Di cewbher 8, 1916. Constitutionality of the treaty and
act sustained by the United States Supreme Court in d:.i.-ion rendered April 19, 1920, in
case of State of Missouri v. Ray P. Holland (252 U. S. 416) ; see also U. S. r. Lumipkin
(276 Fed. 5SO).
Canada, by an act of Parliimei ., .. I -.ive full effect to this
convention, and proiiiulaT i regulii4i h-s^Ii. 11. 91S. Vaildily of act *if
Dominion Parlii ment ullheld I "Tc l. !* rid Island in decision
(Mi'li.aolmais term, 1920i, rent( r.d in .ie iit The Kin- i. 11 C. 'ari k.
.474f;--22) 1 "






BUREAU OF BIOLOGIC((AL SURVEY.


nesting seaso-n or while on their way to and from their breedirg
.rofoirndsg
iVxoiimls'

The United States of America and His MaeItv the King of the
1 listed Kingdomn of (Great Britain and Ireland and of the British
l)onlinions beyond the Sea:-. Emperor of India. beinf desirous of
saving from indiscriminate slaughter and of insuring tho preserva-
otwl of such migratory birds as are either useful to, man or harm-
less, have resolved to adopt some uniform systemni of protection
which shall effectively accomplish such objects and to the end of
concluding a convention for this purpose have appointed as their
re.pective Plenipotentiaries:
The President of the United States of America. Rbert Latnsijng,
Secretary of State of the United States: and
Ilis Britannic Majesty, the Right Honorable Sir Cecil Arthur
Spring Rice, G. C. V. 0. K. C.M.G., etc., His Majevty's Ambassador
-Extraordinary and Plenipotentiary at Washington;
Who, after having communicated to each other their respective
full powers which were found to be in due and proper form, have
agreed to and adopted the following articles:

ARTICLE I.

rlThe High Contracting Powers declare that the iJi-'rI.itory birds included in
the terms of this C,,nvention shall be as follows:.
1. Mi-ratbory Game Birds:
a) Anatidae or waterfowl, including brant. wild ducks, -e, and swans.
(b) Gruidae or cranes, including little brown, sandhill, itii wlhooping cranes.
(') Rallidae or rails, including coots, gallinules and sora and other rails.
(d) Limicolae or shorebirds, including avocets, curlew, do,.itcliers. godwits,
knots, yster catchers, phalaropes, plovers, .,amidpipers. snipe, stilts, surf birds,
turnstoneis, willet. woodcock and yellowlegs.
(e) c(oluinlbidte or 1,ig,,ns, including doe0% and wild pio.ns.
2. Migratory Iisectivivrous Birds: Bobolinks, catbird-, clit k.ilees, cuckoos,
flickers, flycatchvris, gr,,sbeaks, hummiinig birds, k inlots. martin-,,. nmeadowlarks.
nighthawks or bull N}its. nut-hat(hes, oriole-., robins, shrike-, .-wallows, swifts,
t;ai"i.rers,. titmice. thruslih., vireos, warldei-'. wax-wil-'s. whippoorwills, wood-
l.-,rkers and wvrneis, and all other perching birds which feed entirely or chiefly
on ijnsi't's.
0. O(her .ligraitory Noi.g;>mlie Birds: Auks. auklets, bitterni,. :'iiimirs, gannets.
gries, g"uillemnots, gulls, herons. j:ie;iers, loons, murrn-, I-'tr'-l-. puffins. she.ir-
wat r-. and terns.
ARTICLE II.

'The lhigh (Contrall inig Powers agree llHat. as an effectiv- n,'ains of )reserv-
ilg liiii, 0oriy birds there shall be established the following ,.,- seasons during
v. hi.o hunting shall Ibe done except for s,.iijtific or rw.!p Latihig purposes
iiii,,.r pelmits issued by proper authorities.
1. The cl,.I sI;s.on on011 ii-ratory gime biris shlall be 1e,,tw'n1 March 10 and;
September 1. ,except that the .lose se:ison on the Limicolc or shorebilds in the
1M:aiitime Provinci''- of (C'anda and in th,,s. State, of the T'nit-l rSnites border-


S. I;. A.,






BUREAU OF BIOL)(OGICAL SURVEY.


ii-g onl the Athl. ,tic (Ocean which are situated wholly or in l';i't north of' ('esa-
peake Bay Ise tie between Felbriary 1 and Augu.-t 15, and that Indiaiis iii. y
take at any thii.. s(ot,-r< for food but not for sale. The st-;is' for luntigii
shall be furtl1-r r.-triicted tp such period not exceeding three and onle-lialf
months as the High (, Contractting P1owers mvay severallvy d4cil approplri;le a1,d
define by law or regulation.
2. The close -:' i l on iiL.ia;torvy iI.ttivorolls birds shall collntillne tilh i'ouh-
out the year.
3. The close s,,isi oni other migratory nongame birds shall continue lhrou lgh-
out the year. except that Eskim)os and Indians may take at any s;,iason auks.
auklets, guillelo,,ts, murres and puffins, and their es. for food and their skis
for clothing. ,ut the birds and .'. so taken shall not be sold or offered for
sale.
ARTICLE III.

The High Contracting Powers a;'r., that during thile period of ten years next
following the goiiL into effect of this Convention there shall be a co(ntilinlous
cl(Ise season on tlse followin- migratory game birds, to wit-
Band-tailed pigeons, little brown. sandhill and whooping cranes, swans, cuir-
lew and all shorebirds except the black-breasted and golden iplover. Wilsonm or
jack snipe, woodcock, and the greater and lessi-r yellowle-s) provided that
during such teni years the close seasons on cranes, swans and curlew in tlhe
Province of British Columbia shall be made by the proper authorities of 1ihat
Province within the geue'ral dates and limitations el-tw-here prescribed ill
this Convention for thile respective groups to which these birds belong.

ARTICLE 1V.
The High Conrracting Powers agree that splrial protect ioll slIall be given the
wood duck and the eider duck either (1) by a close season extending over a
period of at least live years. or 2) by the estal ishinent of refuges, or I) by
such other regulations as may be deemed alipropriate.

ARTICLE v.
The taking of nests or egs of migatory game or ini ,.tivorous or nongame
birds shall bie prohibited. except for scientific or prol)agating purpot-,< under
such laws or regulations as the High Contracting Powers may severally deeim
appropriate.
ARTICLE VI.

The High COntracting Powers agree that the shipmeiit or export of mnigra-
tory birds or third eggs from any State or Province. dluringI the continuance
of the close s',;'.-,on in such State or Province, shliall be prohibited except for
scientific or propagating purp,,-t. and the international tratlc in any birds or
e, at such time captured, killed, taken, or shipped at any time contrary to
the law.-, of the State or Province in which the same were captured, killed,
taken, or shipped li1hl be likewise prohibited. Every pa;ckage containing
migratory birds or any parts thereof or any e_.;'s of migratory birds tranis-
ported, or offered for transportation from the United States into the 1Dooinion
of Canada or from the Dominion of Canada into the United States, shliall have
the lialmn and address of thle shipper and an accurate statement t of thle coniitenIlls
clearly marked on the outside of such p;ickage.

ARTICLE VII.
Permits to kill any of the above-named birds which, under extraordinary
conditions, mnay bec(,om eriously injurious to the agricultural or oilither inter-


B. S. 48






BUREAU OF BIOLOGICAL SURVEY. '


-.ts in any particular comijitllity, may be issued by the proper authorities
of the High COntricting Powers under suitable regulations prescribed theref,,r
by tlhemi repectively, but such permits shall lapse, or may be canceled, at any
time when, in the opinion of st id authorities, the particular exizenicy hlas p.i,-e',.
and no bird- killed under this article shall be shipped, sold, or offered for sale.
ARTICLE VIII.
TIie High Contracting Powers agree themselves to take, ir propose to their
1esiKe:tive appropriate law-1n1itiMIn bodit.-, the lij',s4,,-: ry mea- ',Yes for iisurinlr
the execution of the present Convention.
ARTICLE IX.
The prciUt (Coilvelition shall be ratified by the President of the lniteled Stat'.-
of America. by and with the advice and consent of the Senate thereof, aid by
His Britannic Majesty. The ratifications shall be exchanged at Washliniton as
soon as possible and the Convention shall take effect on the late of the exchaiing
of thlie ratifications. It shall remain in force for fifteen years and in tlhe e\ent
of neither of the High Contracting Powers having given notification, twelve
imoanths before the expiration of said period of fifteen years, of its intention of
termilating, its operation, the Convention shall continue to reimnin in force for
onle year and so on from year to year.

In faith whereof, the respective Plenipotentiaries have signed the
present Convention in duplicate and have hereunto affixed their ,eals.
Done at Washington this sixteenth day of August, one thou-and
nine hundred and sixteen.
[SEAL.]I ROBERT LAN-SIN-(;.
[SEAL.] CECIL SPRING RICE.
And whereas the said Convention has been duly ratified on both
l)arts, and the ratifications of the two Governments were exchanged
in the City of Washington. on the seventh day of December, one
tlihou-ad nine hul(red and sixteen;
Now. therefore, be it known that I, AO))DR()AW WILSON. Pre-ident
of the United States of America, have caused the said (Convention
to he made public, to the end that the same and every article and
clause thereof may be observed and fulfilled with good faith by the
United States and the citizens thereof.
1i testimony whereof. I have hereunto set my hand and caused the
seal of the United States to be affixed.
)Done at tlhe City of Washington this eighth day of Dtecember in
the year of our Lord one thousand nine hundred and sixti.-en, and
of thle Independence of the United States of America the one hun-
dredl and foril y-first.
ISEAL.] WooIloV w iiSON.
Byv the President:
S,.wrt i '/ of No;, ia .


S. R. A.,






B. S. 48


BUREAU OF BIOLOGICAL SURVEY.


MIGRATORY-BIRD TREATY ACT.3
[A.ppioved July 3, 1918. 40 Stat., 755.]
AN ACT To give effect to the convention between the United States and Great Britain for
the protection of migratory birds concluded at W;-1i1iiiqIi. A'igi-t sixteenth, nineteen
hundred and sixteen, aind for other piirpo:-e.

Be it enacted by the Senate and Hoeu. oif Jcpr.,,tnfatires of the ULite(i
States of Ameria in Con re..s assemiblh ., That Iils Act shall be known 1)y the
short title of the Migratory Bird Treaty Act."
SEC. 2. That unless and except as permitted by regulations made as herein-
after provided, it shall be unlawful to hunt, take. capture, kill, attempt to take,
capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver
for shipment, ship, cause to be shipped, deliver for transportation, transport,
cause to be transported, carry or cause to be carried b1y any means whatever,
receive for shipment, transportation or carri;a-e. or export, at any time or in
any manner, any migratory bird, included in the terms of the convention be-
tween the Uniid States and Great Britain for the protection of migratory
birds concluded August sixteen, nineteen hundred and sixteen, or any part.
nest, or egg of any such bird.
SEC. 3. That subject to the provisions and in order to carry out the purposes
of the convention, the Secretary of Agriculture is authoriz(.ed and directed, from
time to time, having due regard to the zones of temperature and to the dis-
tribution, abundance, economic value, breeding habits, and times and lines of
migratory flight of such birds, to determine when, to what extent, if at all, and
by what means, it is cmnipatible with the terms of the convention to allow hunt-
ing, taking, capture, killing, possession, s;ile. purchase, shipment, transportation,
carriage, or export of any such bird, or any part, nest, or egg thereof, and to
adopt suitable regulations permitting and governing the same. in accordance
with such determinations, which regulations 1ailI become effective when ap-
proved by the President.
SEC. 4. That it shall be unlawful to ship, transport, or carry, by any means
whatever, from one State, Territory, or District to or through another State,
Territory, or District, or to or through a foreign country, any bird, or any part,
nest, or egg there)f, captured, killed, taken, shipped, transported, or carried
at any time contrary to the laws of the State, Territory, or District in which
it was captured, killed, or taken, or from which it was shipped, transported,
or carried. It shall be unlawful to import any bird, or any part, nest. or egg,,
thereof, captured, killed, taken, shipped, transported, or carried contrary to
the laws of any Province of the Dominion of Canada in which the same was
captured. killed, or taken, or from which it was shipped, transported, or carried.
SEC. 5. That any employee of the Department of Agriculture authorized by
the Secretary of Agriculture to enforce the provisions of this Act shall have
power, without warrant, to arrest any person committing a violation of this
Act in his pres'.ice or view and to take such per-on immediately for examina-
tion or trial before an officer or court of competent jurisdiction; shall have
power to execute any warrant or other proess issued by an officer or court
of competent jurisdiction for the enforcement of the provisions of this Act; and
shall have authority, with a search warrant, to search any place. The several
judges of the c',urts estalilislod under the laws of the United States, and
United States coiiiiis.-ioiners may. within their re-pective jurisdictions, upon
proper oath or affirmation slhowving proablle cause, issue warrants in all such
cases. All birds, or pliarts, nets. or e-s. ttr,.of. captured, killed, taken.

a Constitutioniity of act sustained by Supvromo Court in decision rendered April 19,.
1020, in case of State of Missouri r. Ray P. Holland (252 U. S. 416).
8746-22- 2






BUREAU OF BIOLOGICAL S.R'IVEY.


shipped, transported, carried, or post.ssssd contrary to the provisions of this Act
or of any regulations made pursuant thereto shall, when found, be seized by
any such employee, or by any marshal or deputy marshal, and, upon conviction
of the offender or upon judgment of a court of the United States that the
same were captured, killed, taken, shipped, transported, carried, or possessed
contrary to the provisions of this Act or of any regulation made pursuant
thereto, shall be forfeited to the United States and disposed of as directed
by the court having jurisdiction.
SEC. 6. Tl;it any person, association, partnership, or corpl 'ration who shall
violate any of the provisions of said convention or of this Act, or who shall
violate or fail to comply with any regulation made pursuant to this Act, shall
be seemedd guilty of misdemeanor and upon conviction thereof shall be fined
not more than $500 or be imprisoned not more than six months, or both.
S:c. 7. That nothing in this Act shall be construed to prevent the several
States and Territories from making or enforcing laws or regulations not in-
consistent with the provisions of said convention or of this Act, or from making
or enforcing laws or relations which shall give further protwtion to migra-
tory birds, their nests, and eggs, if such laws or regulations do not extend
thlie open seasons for such birds beyond the dates approved by the President
in accord ince with section three of this Act.
SEc. S. That until the adoption and approval, pursuant to section three of
this Act. of regulations dealing with migratory birds and their nests and eggs,
such miir;-itory birds and their nests and ergs as are intended and used ex-
clusively for .-,ientific or propagatinhg purposes may be taken, captured,
killed, p)ossesstd, sold, purch'a-ed,. shipped, and transported for such scientific
or ipropagating purposes if and to the extent not in conflict with the laws
of the State. Territory, or District in which they are taken, captured, killed,
possessNed, sold, or purchased, or in or from which they are shipped or trans-
ported if the packages containing the dead bodies or the nests or eggs of such
thirds when shipped anld transported shall be marked on the outside thereof
so as accurately and clearly to show the name and address of the shipper and
ilie contents of the pack;i-;<.
SEc. 9. Tha t tlhe uiinexpended balaiico- of any sums appropriated by the
agricultural approl)priation Acts for tlhe fiscal years nineteen hundred and
-.eventeei and nineteen hundred amnd eighteen, for enforcing the provisions of
the Act approved March fourth, nineteen hundred and thirteen, relating to the
protection of Iiiigr;itory game and insectivorous birds, are hereby reappropriated
:(d madle available until expended for the expenses of carrying into effect the
provisions of this Act and regulations mlade pursuant thereto, including the
payment of such rent. and the eImployment of such persons and means, as the
S,,.tretary of Agriculture may deem neces?-ary, in the District of Columbia
:IdI elci 'w vere, operationn with local authorities in the protection of migra tory
hirdls, and ii,.es-;ry invi.stigatiois connected therewith: P'roridcd, Thifat no
].r<,iii wlic is subject to the draft for service in the Army or Navy shall be
exenipted or exciiused from suchl service by re;ison of his employment under
thiis Act.
SE1C. 10. That if any clause, sentence, oraragrap"h, or part of this Act shall.
for any reason, be adjudged by any court of competent jurisdiction to be in-
vlid, s11uch1 judgment siiall not affect, impair, or invalidate the remainder
thereof', but sliall be confined in its operation to the clause, sentence, paragraph,
,or lp;it thereof directly involved in the controversy in which such judgment
slall 11 ave 1,been rendered.
Suc. 11. That all Acts or parts of Acts in.oiisistelit with the provisions
(f thiis Act are hereby repealed.


S. R. A.,






BUREAU OF BIOLOGICAL SURVEY.


SEc. 12. Notliing- in this Act shall be construed to Iprevent tlie breeding of
migratory game birds on farms and preserves and the sale of birds so bred
under proper regulation for the purpose of increasing the food supply.
SEC. 13. That this Act sli;ill become effective immediately upon its p:i-.'ge
and approval.


MIGRATORY-BIRD TREATY-ACT REGULATIONS.
[As approved and promulgated by the Pre-ident, July 31, 1918, and amended Octower 2.,
1918, July 28, 1919, July 9, 1920, March 3, 1"21, May 17, 1921, and March 8, 1922.]
REGULATION 1.-DEFINITIONS OF MIGRATORY BIRDS.

Migratory birds, included in the terms of the convention between the United
States and Great Britain for the protection of migratory birds, concluded
August 16, 1916, are as follows:
1. Migratory gijnne bird:
(a) Ana t ida e. or waterfowl, including brant, wild ducks, g.etee, and swans.
(b) Gruidae, or cranes, including little brown, sandhill, and whooping cranes.
(c) Rallidae, or rails, including coot, gallinules, and sora and other rails.
(d) Limicii:c, or shorebirds, including avocets, curlews, dowit'liers. godwits,
knots, oyster catclhirs, phalaropes, plovers, sandpipers, snipe, stilts, surf birds,
turnstonmes, willet, woodcock, and yellowlegs.
(e) Columbidae, or pigeons, including doves and wild pigeons.
2. _[igratory in.,,cticorous birds: Cuckoos; flickers and other woodperkers;
nighthawks or bull-bats and whip-poor-wills; swifts; hulnminingbirds; flycatch-
ers; bobolinks, meadowlarks, and orioles; grtslbeaks; tanagers; martins and
other swallows; waxwings; shrikes; vireos; warblers; pipits; catbirds and
brown thrashers; wrens; brown creepers; nuthatches; chickadees and titmice;
kinglets and gnat catchers; robins and other thrushes; and all other perching
birds which feed entirely or chiefly on insects.
3. Other minigratory nowamei birds: Auks, auklets, bitterns, fulmnars, gannets,
grebes, guillemots, gulls, herons, jaegers, loons, murres. petrels, puffins, shear-
waters, and terns.
[As amended July 9, 1920.]
REGULATION 2.-DEFINITIONS OF TERMS.

For the purpoe-, of those regulations the following terms shall be construed.
respectively, to mean-
Secretary.-The Secretary of Agriculture of the United States.
Person.-The plural or the singular, as the case deiiiids (is, includiiig indi-
viduails. asscia:tionfs, pau rtnerships, and corporations, unlel s the context otll.h-r-
wise requires.
Take.-The pursuit, hunting, capture, or killinga of migratory birds in lie
manner and by the means specifically permitted.
Open .s(w' .ow.-The time during which migratory birds miay l)e taken.
Transport.-Shippin .. transporting. carryiiy,. exporting, receiving or deliver-
ing for shipment, transportation, carriage, or export.
REGULATION 3.-MEANS BY WHICH MIGRATORY GAME BIRDS MAY BE TAKEN.

The migratory game birds specified in Regulation 4. hereof miy be taken du(r-
ing the open season with a gun only, not larger than No. 10 gauge, fired froimi
the shoulder, except as specifically permitted by Regulations 7. 8. 9. and 10
hereof; they may be takenii during the open season from tlhe lahind and viatr.
with the aid of a dog, the use of decoys, and fronl a blind or floiiiii, device


B. S. 48






BUREAU OF BIOLOGICAL SURVEY.


otherr thiin an airpl:al. powerboat. sailboat, any boat under sail, or any
floating device towed by powerboat or sailboat).
[As amended July 25. 1919, March 3, 1921. and May 17, 1921.]
REGULATION 4.-OPEN SEASONS ON AND POSSESSION OF CERTAIN MIGRATORY
GAME BIRDS.
For the purp'I,.-e of this regulation, each period of time herein prescribed as
an open season sh11ll be construed to include the first and last days thereof.
Waterfowl (except wood duck, eider ducks, and swans), rails, coot, gal-
linules, black-bellied and golden plovers, greater and lesser yellowlegs, wood-
cock, Wilson snipe or jackstiipe, and mourning doves may be taken each day
from half an hour before sunrise to sunset during the open seasons prescribed
therefore in this regulation, by the meals and in the numbers permitted by
Regulations 3 and 5 hereof, respectively, and when so taken, may be possessed
any day in any State, Territory, or District during the period constituting
the open season where killed and for an additional period of 10 days next
succeeding said open season, but no such birds shall be possessed in a State,
Territory, or District at a time when such State, Territory, or District pro-
hibits the possession thereof.
Waterfowl (ex,.ipt ir'ood du(lck, eider duiekx, and siwans), coot, galliniudes,
1ndl Wilson snipe or jaclk'.ipc.-The open seasons for waterfowl (except wood
duck, eider ducks, and swans), coot, gallinules, and Wilson snipe or jack-
snipe shall be as follows:
In M.aine. New Hampshire, Vermont, Massachusetts, New York (except Long
Islhnil), Pennsylvania. Ohio, West Virginia, Kentucky, Indiana, Michigan,
Wis,,esill, Illinois. Minnesota. Iowa. Missouri, North Dakota, South Dakota,
Nebra;:ka, Kansas. Colorado, Wyominug, Montana, Idaho, Nevada, and that por-
tion of Oregon and Waslihinutn lying east of the summit of the Cascade Moun-
tains the open season shall be from September 16 to December 31;
It Rhode Islandi. Connecticut. New Mexico. Utah. California. and that por-
tion of Oregon and Washington lying west of the suinnit of the Cascade
Mountains the open s-;:ison shall be from (O)ctober 1 to January 15;
In that portion of New York known as Long Island, and in New Jersey.
Delaware, ()klahoma. Texas, and Arizii;i the open season shall be from
October 16 to Janii ry 31;
In Maryland. t1ihe I.istrict of Columbia, Virginia, North Carolina. South
Caroliina. Georgia. Florida, Alalaa,:iii. M[issis-ippli, Teniossee. Arkansa s, and
Loui~i isi;i the open se;;son shall be from November 1 to January 31; and
In Ala;sk;a tihe open sa son hilll be from September 1 to December 15.
Rails (e. c',li coot and fallinmles).-The open season for sora and other rails
(except coot and gallinule<) shall be from September 1 to November 30, except
as follows:
In Louisiaia tihe open season shliall be fr(im Noveomeiir 1 to .Jamuary 31.
Bla(I('k-bfllied ad golden plovers a(d greater and *It'xvr qmlloicl'io...-.-The
p'.n se, a ,-', for bl;i,.k-bellied and golden plovers and( greater and 1'ese r
yellowle.s -li;ll be as follows:
In Maine. New Iaimlpshire. Massachliset1ts. Rhode Island. Connecticut, New
York, New Jersey, Delawai re, Ma rylanid, and Virginia the open se;ison shall b,-
from Anuiit )16 to November 30;
In the District of Coluiibia, North Carolina. South Carolina, Tenne-',e.
Ark;a tn-s:-. 0kial i.m Te\:w.a New Mexico. Arizona. California, and Alisk:i tlie
open,' ,.u oii shall be from Septembelr 1 to De,'1einber 15:
In Vermont,. Penn>.lvania. Ohio. We<- Viriniia. Kentucky. Indiana. Michhigan.
WVi.,1.4in. Illinois. Missouri. 'M\\':t. Minie-lia. North )Dakota. South D)akota.


S. A. RW.,






BUREAU OF BIOLOGICAL S VIVEY.


Nebrska, K;iii-; ,. Colorado. WAyoming. Montanat. Idlalo. Nevada. and t1iat por-
tiii of Oregon and W],ashinton lying 4-;l-r of tlhe summit of the C.,-'-,'de Moun-
tains the open ..a .,ii shall be from S.lpt','iber 10; to ID. In Utah and in that portion of O)r,'"-,,n and Wasl ini'ton lying w.-t of the
sum in it of the Ca.-cade Mountains the opIeni siso shall Ibe fromin October 1 to
January 15; and
In Georgia. Florida. Alabaii Misissippi. tindt Louisian;L the oe)( s.:ioron
siall be from November 1 to January 31.
Woodcock.-Tlie open seasons for woodc(ock shall be as follows:
In Maine, New Hampsliire, Vermont. Mias.:achusetts. RIthode Island. Connr-.ti-
cut. New York. New Jer-ey. Pennsylvania. O()lio. West Vir-inia, Kentucky,
Indi;nlla. Micli-an. Wisi.nsin. Illinois. Mi -,,uri. Iowa. Minni-,''ta. North Da-
kota. South Dakota, Nelraska. and Kansas thie qni -.i :on shall be from
A), toir 1 to November 2>); and
In Delawa;re, Maryland. the District of Columbia. Virinia. North Carolina,
South Carolia., Georgia, Florida. Alabaiiit. Mississippi, Tennessee, Arkainsas.
Loui'iana. Texas., and Oklahoma the open season shall lie from November 1 to
D)ecember 31.
DoTres.-The open szuiisns for mourning doves shall be as follows:
In Delawp re. Maryland, Vir'inia. North (Carolina. South Carolina. Tenn.ess..e,
Kentucky, Ohio, Indiana. Illinois, Mulin'-,,ta. Nebraska. Kansas. Miss.,itiri.
Ark;,nis. Oklahoma, Texas. New Mexico. ( Colorado. 1rtai. Arizona. California,
Nevada. Idaho, and Oregon the open season shall be from September 1 to De-
,-emuler 15;
In Georgia, Florida, and Alabama the open s',.son shall be from October 16
to January 31;: and
In MississippIi and Louisiana thle open season shall be from Sepltember 16 to
T-,-enlier 31.
[As amended October 25, 191S, July 2s,. 1919, July 9, 1920. May 17, 1921, and March
8, 1922.]
REGULATION 5.-BAG LIMITS ON CERTAIN MIGRATORY GAME BIRDS.
A jierson may take in any one day during the open seasons press, ribed there-
for in Rt-;-ilation 4 not to exceed the fo allowing numilers of migratory game
bIird, which numbers shall include all birds taken by any other person who
f",r- hire acco'iulianies or assists him in taking minigratory birds:
!)?uks (e.r-'rpt wood du elqd chi'er 1di'?l1 '.- Twenty-live in tile aggregate
of ;Ill kinds.
(,'r.c (.-Eight in the ;i-. t.'.;e of all kinds.
Bran t.-Eight.
Rails., coot, and gi0llinulc' (c.rcept .s'oWI.--Tweiiy-iive il tie aggreg:at of
all kinds.
Sora.-Fi ft y.
Blbick-bcllied nd golden pl''rer.e8 and yrea c and /.,.0' in the a.grearte of all kinds.
llWilson .xnipr. or i'.xiii.-Twenty-five.
Woodc.ocJ.-Six.
Doves (mourn inig) .-Twenty-five.
[As amended October 25, 191S,. July 2S. 1919, and March 8. 1921.]
REGULATION 6.-SHIPMENT, TRANSPORTATION, AND POSSESSION OF CERTAIN
MIGRATORY GAME BIRDS.
Waterfowl (except wood (duck. eider duc(.ks. anit :us). rails. c(ot. -illi-
nule. black-belli .,1 and golden ivers, te' (Il lesser yelIwiL-. wood-
cock. Wils i snipe or jack-niple. and linouirni gll doves aind parts tl,',rc,'f i.'-.liy


B. S. 4S






10 BUREAU OF BIOLOGICAL SURVEY. S. It. A..

taken may be trajs-p)orted in or out of the State where taken during the respec-
tive open es,,ns in that State, and may be imported from Camiada during the
open season in the Province where taken, in any iannier, but not more tliai the
number thereof tliat may be taken in two days by one person under these regu-
lations shall be transported by one person in one calendar week out of the
State where taken; any such migratory game birds or parts thereof in transit
during the open se;ison may coi)tilne in transit such additional tih- i imn i-
ately s ui ceede(i g such open .;is-o1. n1ot to exceed five days. iie-css-iry to deliver
the same to their destination, and imay be po'ss*el in any State. Territory, or
District during the period constituting the open season where killed, and for an
additional period of ten days next su-ce(eding said open season ; and any pack-
age in which i1igratory '.ame birds or parts ther,.of are transported shall have
thlie name and address of the shipper and of the consignee and an accurate state-
ment of the numbers and kinds of birds contained therein (clearly and con-
spicuously marked on the outside thereof; but no such. birds shall be trail-
ported from any State, Territory, or District to or through another State, Terri-
tory, or District, or to or through a Province of the Dominion of tm(anada con-
trary to the laws of the State, Territory, or District, or Province of the Dominion
of Canada in which they were taken or from which they are transported; nor
shall any such birds be transported into any State. Teritory, or District from
another State, Territory, or District, or from any State, Territory, or District
into any Province of the Dominion of Canada at a time when such State, Terri-
tory, or District, or Province of the Dominion of Canada prohibits tlhe
possession or transportation thereof.
[As amninded October 25, 1918. and July 9, 1920.]

REGULATION 7.-TAKING OF CERTAIN MIGRATORY NONGAME BIRDS BY ESKIMOS
AND INDIANS IN ALASKA.

In Alaska Eskiimos and Indians imay take for tlhe use of themselves and( their
immediate families, in any manner and at any time, and poss..-ss and transport
auks, auklets. guillemots, murres, and puflins and their e*-,s for food. aind their
skins for clothing.

REGULATION 8.-PERMITS TO PROPAGATE AND SELL MIGRATORY WATERFOWL.

1. A person maly take in aly manner and at any time iligr.;itory waterfowl
,in(l their egs, for propagating purposes when authorized by a permit issued by
the Secretiary. Waterfowl and their et"s so taken may be p, ,-'s4e(l by the
permittee and limay be sold and transported by him for proIpagating P1purposes' to
any lpers., holinig- a permit issued by the S-eritary in accordance with the
provisions of this regulation.
2. A pr.rswi authorized by a permit issued by the Secretary may p,,s *s. buy.
sell, and transport migratory waterfowl and their increase and e ,,s in any
malier and at any time for propagating purposes; and ini.gr;tory waterfowl.
except the birds taken uhder' 1p paragraph I of this regulatioi, so possesed nmay
be killed by himni at any time. in any maimer, except tlhit they jimay 1)e killed
by shooting only during tlie open season for waterfowl in the State where
killed, anid t le ealr. i.si.*, witi lieadis and feet attached thereto, of the birds
killed :ma.,y be sold and transported by him in any iimimner and at any time
to any prsin for actual consumption, or to the keeper of a hotel, retaurant.
or boarding house, retail dealer in meat or game, or a club, for s;ile or service
to their patronms, wl)o may p..--'-s. su('0 carc.iasses for actual consumption with-
out a l)1ermiit, but no migratory waterfowl killed by shooting shi:ll be bought or
sold ule,-s. each bird beforee attaining the age of four weeks shall have hal
remllovd(l from tlie veb) of one foot a portion thereof in the form of a V" lar'-'-






3. S. 4S Bt'H.EAU OF BIOIA)(;(CAL SURVEY. 11

enou,-1l, to 1i i;1ie a perlia ti iiil wvell-defined mark. which shall be sufilicient to
identify it as at bird raised in d(n1.-tication under a permit.
3. Any p,'kial;i i. in which such waterfowl (or parts thereof or their tr;ia sported 1.hll have plainly and consl)picu(ously marked on the outside thereof
T(he nallle ald add'I'-s of the p)ermittee, tfle nuniber of his permiit, the .iitme
and address of the consignee, and an accurate statement of the nuitmber and
kinds of birds or eggs contained therein.
4. A)pp)li(catiln-1 for permits must be addlr,-sed( to the St.,'etary of Agricul-
ture. Washington. D. (C., and must contain the following informittion: Name
aLnd adi1rt,-; of applicant; place where the business is to be carried on; num-
ber of acres of land u.sed in the busine-^, and whether owned or leased by
the applicant; number of each species of waterfowl in Ipossession of applicant;
nai;es,. of species and number of birds or ez- of each species if permission is
asked to take waterfowl or their eggs; and the particular locality where it is
desired to take such waterfowl or eg.
5. A person -ranted a permit under this regulation shall keep books and
records which shall correctly set forth the total number of each species of
waterf,',w and their eggs p,,.ssessed on the d(late of application for the permit
and on the first day of January next following; also for the calendar year for
which permit was issedl the total number of each species reared and killed.
number of each species and their e -gs sold and transported, manner in which
iuchl waterfowl and eggs were transported, name and address of each person
frim or to whom waterfowl and eggs were purchased or sold, together with
number and species and whether sold alive or dead; and the date of each
transaction. A written report correctly settiniu forth this information shall
be furnished the Secretary (luring the month of January next following the
isuaiance of the permit.
6. A permitted shall at all reasiiiable hours allow any authorized employee
of the IUnited States Department of Agriculture to enter and inspect the prem-
ises where operations are being carried on un(ler this regulation and to inspect
the books and records of such permitted relating thereto.
7. Permits issued under this regulation -dhall be valid only during the calen-
dar year of issue, shall not be transferable, auid may be revoked by the Secre-
tary, if the permitted violates any of the provisions of the Migratory Bird
Treaty Act or of the regulations thereunder.
8. A per-on engaged in the propagation of migratory waterfowl on the date
o.n which these regulations become effective will be allowed until September 30.
1918, to apply for the permit required by this regulation, but lie sliall not take
any migratory waterfowl without a permit.
[As amended October 25, 1918, and July 9, 1r'2,o.]

REGULATION 9.-PERMITS TO COLLECT MIGRATORY BIRDS FOR SCIENTIFIC
PURPOSES.

A .person inmay take in any manner and at any time, migratory birds and their
nests and eggs for scientific purpo,, es when authirizod by a permit issued by
tlie Secretary, which permit sliall be carried on his prison when lie is collecting
lpecinmeins thereunder and sliall be exhibited to any person requesting to s.t
the satie.
Appli' ation for a permit must be addre.-med to the S'ecretary of Agriculture.
W;aslhinuitol, D. C., and must contain the following infornmi:tion: Nam e and
address of applicant, his a'e. and name of State, Territory, or District in which
specimhenj- are proposed to be taken and the purpose for which they are in-
tenlded. 1:;,'li application shall be accompl);Iii el by certificates from two wvell-




BUIIEAU OF BI(O)L(OGICAL SURVEY.


known ornitholo.ists that the applicant is a fit person to be intrusted with a
permit.
The permit iniay limit the number and species of birds, birds' nests or egs
that may be (collected thereiidht:' and may authorize the holder thereof to
possess, buy, sell. excNingie. and transport in any manner and at any time
migratory birds, parts thereof, and their nests and eggs for scientific purposes;
or it may limit the holder to one or more of these privileges. Public museums.
zoological parks and societies, and public scientific and educational institu-
tions may possess, buy, sell, exchange, and transport in any manner and at
any time migratory birds and parts thereof, nnd their nests and eggs filr
scientific purposes without a permit, but no specimens shall be taken without
a permit. The plunmage and skins of migratory game birds legally taken may
be possessed and transported by a person without a permit.
A taxidermist when authorized by a permit issued by the Secretary mlay
possess, buy, soll, exchange, and transport in any manner, and at any time
migratory birds and pirts thereof le'..nlly taken, or hlie may be limited to one or
more of these privilege-.
Each permit shall expire on the thirty-first day of December succeedin'i" its
issuance unless otherwise specified therein, shall not be transferable, and shall
be revocable at the discretion of the Secretary. A person holding a permit
shall report to the Secretary on or before January 10 following its expiration
the number of skins, nests, or eggs of each species collected, bought, sold,
exchanged, or transported.
Every package in which migratory birds or their nests or eggs are trans-
ported shall have clearly and conspicuously marked on the outside thereof the
name and address of the sender, the number of the permit in every case when a
permit is required, the name and address of the consignee, a statenient that it
contains spe'cimens of birds, their nests, or eggs for scientific purposes, and.
whenever such a package is transported or offered for transportation from rle
ID)ominion of Canada into the United States or from the United States into the
Dominion of C(anada, an accurate statement of the contents.
[As anii,.nd, October 25, 1918, and March 3, 1921.]
REGULATION 10.-PERMITS TO KILL MIGRATORY BIRDS INJURIOUS TO PROPERTY.
When information is furnished the Secretary that any species of migratory
bird lis become, under extraordinary conditions, seriously injurious to agri-
culture or other intere-ts in any p:irticular community, an investigation will
be iijide to determine the nature and extent of the injury, whether the birds
alleged to be doing the danin,(ige should be killed, and, if so, during what times
and by what means. Upon his determination an appropriate order will be made.
REGULATION 11.-STATE LAWS FOR THE PROTECTION OF MIGRATORY BIRDS.
Nothing in 1thl1s, re gulatiois shall he construed to permit the tnkiiig, p ,sses-
sion. sale, p uri'hase. or transportation of miigrnitory birds, their nests, and es
contrary to the laws and regulations of any State, Territory, or District miade
for the purpose of givinir further protection to migratory birds, their nests, and
,.. when ,mehi la;ws and regulations are not inconsistent with the convention
et(,lweei the United States and Gre;it Britain for the protection of mini-;it'>ry
Birds concluded A.ugust 16. 1916. or tlhe migratory bird treaty act and do not
extend the open "e.soiis for such birds beyond the dates prescribed by t1h-.se
r,.,_'lh tions.
lAi'lh.I by proclamation of October 2.5, 1918, as inmiitndtd July 9, 1,I-'0.]



UNIVERSITY OF FLORIDA


31262 09218 5023


S. R. A.. B. S. 45




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